TERMS OF USE http://chubbydelicious.com (the “Site”) is provided by Chubby Delicious, Inc. (“Chubby Delicious”) subject to the following Terms of Use. If you do not agree to all of the terms, please do not use the Site. Changes to the Terms of Use Chubby Delicious may, in its sole discretion, change, add or remove any portion of the Terms of Use at any time by posting new Terms of Use on the Site. Your continued use of the Site after such changes are posted will constitute your agreement to such changes. Modifications to the Site Chubby Delicious reserves the right, for any reason, in its sole discretion, to terminate, suspend or change any aspect of the Site including but not limited to content, features or hours of availability. Chubby Delicious may impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.

Intellectual Property:  All right, title and interest in and to the content and materials on the Site are either owned or controlled by Chubby Delicious or used with permission and are protected by intellectual property and other laws. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any materials on the Site, including but not limited to the copyrights and trademarks displayed on the Site without the prior written permission of Chubby Delicious. Except as expressly authorized by Chubby Delicious, any use, copy, reproduction, display, performance, modification or retransmission is strictly prohibited.

Privacy:  For an explanation of our online information practices with regards to information collected or submitted to the Site, please see our Privacy Policy. DISCLAIMER OF WARRANTIES THE SITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. CHUBBY DELICIOUS DOES NOT WARRANT (A) THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, (B) THAT DEFECTS WILL BE CORRECTED; OR (C) THE QUALITY OR ACCURACY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL THAT YOU WERE EXPOSED TO THROUGH THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. LIMITATION OF LIABILITY IN NO EVENT SHALL CHUBBY DELICIOUS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO EVEN IF CHUBBY DELICIOUS OR AN AUTHORIZED REPRESENTATIVE THEREFOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL LIABILITY OF CHUBBY DELICIOUS TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED ONE HUNDRED DOLLARS ($100.00) IN THE AGGREGATE.

Indemnification: You agree to defend, indemnify and hold Chubby Delicious and its officers, directors, employees, agents, licensees, successors and assigns (collectively the “Indemnified Parties”) harmless from and against any and all claims, losses, damages, liabilities, judgments and costs and expenses related thereto (including, without limitation, reasonable attorneys’ fees) incurred by or suffered by an Indemnified Party in connection with any claim arising out of or related to (i) your use of the Site, or (ii) your breach or violation of any of these Terms of Use. Chubby Delicious reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of Chubby Delicious.

Termination:  This agreement constitutes a binding agreement between you and Chubby Delicious until terminated by you or Chubby Delicious, which Chubby Delicious may do at any time, without notice, in its sole discretion. If you become dissatisfied with the Site, your only recourse is to immediately discontinue use of the Site. Choice of Law; Forum This agreement shall be governed by and in accordance with the laws of the State of California, without regard to conflicts of law provisions. Any controversy involving Chubby Delicious arising from or in any way related to the Terms of Use or your use of the Site shall be heard in the appropriate State or Federal court in Los Angeles, California and you irrevocably consent to the jurisdiction of such courts. Notices Except as explicitly stated otherwise, any notices will be given by email to us at info@chubbydelicious.com or to you at the email address you provide to us. Notice will be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid.

General Provisions: We make not representations that the content and materials on the Site are appropriate, available or legal in any location outside the United States. Those who choose to access the Site from outside of the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any provision of the Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, then such provision shall be enforced to the maximum extent possible so as to effect the intent of the Terms of Use, and the remainder of the Terms of Use shall continue in full force and effect. The failure by either you or Chubby Delicious to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Site or the Terms of Use must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. This agreement comprises the entire agreement between you and Chubby Delicious and supersedes all prior agreements between the parties, regarding the subject matter contained herein. All provisions in the Terms of Use regarding representations and warranties, indemnification, disclaimers, and limitation of liability shall survive the termination of the Terms of Use. Chubby Delicious, Inc. (858) 386-4133;  info@chubbydelicious.com